Standards of Conduct Applicable to Licensed Applied Behavior Analysts and Licensed Assistant

Applied Behavior Analysts (1) Licensed applied behavior analysts and licensed assistant applied behavior analysts may engage only in evidence-based practice. For purposes of 262 CMR 8.04, Evidence-based Practice shall mean the integration of best peer-reviewed research evidence with clinical expertise and patient characteristics. (2) Licensed applied behavior analysts and licensed assistant applied behavior analysts may provide behavioral diagnostic, therapeutic, teaching, research, supervisory, consultative, or other behavior analytic service delivery only in the context of a defined remunerated professional role. Provided, however, that 262 CMR 8.04 shall not prohibit the provision of pro-bono services when performed in the context of a defined professional role. (3) Licensed applied behavior analysts and licensed assistant applied behavior analysts shall not abandon clients but may terminate a professional relationship when it becomes reasonably clear that the client no longer needs the service, is not benefiting, or is being harmed by continued service. Licensed applied behavior analysts and assistant applied behavior analysts may terminate a professional relationship with a client where a conflict arises which the licensee cannot resolve or where the client or responsible payer(s) fails to pay for services or determines services are no longer eligible for coverage. (4) Prior to termination for whatever reason, except where precluded by the client's conduct or where the client or responsible payer(s) fails to pay for services or determines services are no longer eligible for coverage, licensed applied behavior analysts and licensed assistant applied behavior analysts shall provide clients with 30 days written notice of the termination, discuss the client's views and needs, provide appropriate pre-termination services, suggest alternative service providers as appropriate, or take other reasonable steps to facilitate transfer of responsibility to another provider if the client needs one immediately. Licensed applied behavior analysts and licensed assistant applied behavior analysts shall document all steps taken during termination. (5) Supervision Requirements. (a) Licensed assistant applied behavior analysts shall: 1. when engaged in the practice of applied behavior analysis, receive a minimum of one hour per month of individual face-to-face supervision in the treatment setting from a licensed applied behavior analyst, or a physician or psychologist approved by the Board in accordance with M.G.L. c. 112, § 163; prior to providing treatment, obtain approval from a licensed applied behavior analyst, or a physician or psychologist approved by the Board in accordance with M.G.L. c. 112, § 163, for all treatment plans; and 3. on a form acceptable to the Board, maintain documentation of their supervision. (b) When acting as a supervisor of licensed assistant applied behavior analysts, licensed applied behavior analysts shall: 1. provide the licensed assistant applied behavior analyst with the type, frequency, and duration of supervision that is consistent with the needs of the client and that is consistent with acceptable clinical standards and any state or federal law and includes a minimum of one hour per month of individual face-to-face supervision in the treatment setting; 2. approve treatment plans used by the assistant applied behavior analyst; be professionally responsible for the clinical oversight of all clients receiving services from the licensed assistant applied behavior analyst; and 4. On a form acceptable to the Board, maintain documentation of supervision. (c) When acting as a supervisor of any non-licensed paraprofessionals, licensed applied behavior analysts shall: if the employer of the paraprofessional, conduct a criminal offender record information check prior to hiring; be professionally responsible for the clinical oversight of all clients receiving services from the paraprofessionals; 3. provide the paraprofessional with the type, frequency, and duration of supervision that is consistent with the needs of the client and that is consistent with acceptable clinical standards and any state or federal law; and 4. on a form acceptable to the Board, maintain documentation of supervision. (d) For purposes of 262 CMR 8.04(5), documentation of supervision shall include but is not limited to: 1. the date of each supervisory meeting; 2. the duration of each supervisory meeting; 3. the format of each supervisory meeting; 4. an evaluation of supervisee performance by the supervisor; 5. the total experience hours obtained during the supervision; the total individual and small-group supervision hours obtained during the supervision; and 7. the signature for supervisor and supervisee. (6) Where the demands of a public agency or school district with which a licensed applied behavior analyst or licensed assistant applied behavior analyst is contracted conflict with 262 CMR 8.04(1) or (5)(a)1., (b)1., (c)2. or 3., the licensed applied behavior analyst or licensed assistant applied behavior analyst shall seek to resolve the workplace conflict in a way that permits adherence to 262 CMR 8.00 and shall document such efforts.